The district courts' grant rate alone is exceptional and underscores the impact of the Mayo and Alice decisions. Also instructive, however, are the two decisions denying requests to find the asserted patents ineligible.

While it is unwise to expect that there will be a Diehr-type shift back toward defining what is patent eligible (as happened after Flook and Bergy) as a response to Alice, it is equally unwise to expect the pendulum to stop swinging back-and-forth.